Child Support and Military retirement Pay


Dear go4itgso:

Greetings. Yes, your retirement pay will be considered when computing monthly payments, but there are some cases that dispute whether or not you can garnish this type of pay. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Under laws in some States if a parent was in the military and retired shortly after a child was born their retirement pay is not considered when calculating child support. Is there any case which has addressed this issue in NC? Does my retirement pay have to be considered when computing monthly payments?

John A. Leon, Jr.